THE GAZETTE OF INDIA EXTRAORDINARY

[PARr III—Sirr 4]

TELECOM REGULATORY AUTHORITY OF INDIA

NOTIFICATION

New Delhi, the 15th January, 2001

F. No. iO8-4/98-TRAi(Tech.).— In exercise of the powers conferred upon

it under sub-section 1 of section 36, read along with sub-clause (v) of clause (b)

of sub-section 1 of section 11 of TRAI (Amendment) Act 2000 so as to protect the

interest of consumers of telecommunication service, the Telecom Regulatory

Authority of India hereby makes the following Regulation:

REGULATION ON GUIDELINES FOR REGISTRATION OF

CONSUMER ORGANIZATIONS/NON-GOVERNMENT ORGANIZATIONS

(NGOs) AND THEIR INTERACTION WITH TRAI. 2001

(1 of 2001)

Section-I

Title, Extent and Commencement

Short title, extent and commencement

This Regulation shall be called Regulation on Guidelines for

Registration

Consumer

Organizations/Non-Government

Organizations (NGOs) and their Interaction with TRAI, 2001

ii)

This Regulation prescribes the guidelines for the registration of the

Consumer Organizations & NGOs and their interaction with TRAI.

iii)

This Regulation shall be applicable to.

(a)

All Consumer Organizations concerned with cause of users of

telecommunication services throughout the territory of India.

(b)

All Non Government

Organizations

(NGO) concerned with

telecommunication services in the territory of India,

iv)

This Regulation shall come into effect from the Fifteenth day of

January 2001.

Section-ll

Guidelines for Registration of Consumer Organizations/Non-Government

Organizations (NGOs) and their Interaction with TRAI:

Criteria for Registration of consumer organisation/NGOs:

The criteria for the registration for consumer organisations/ NGOs with TRAI

are as follows'

(i)

The consumer organisations and NGOs should be those registered

either under Societies Act or Companies Act.

The organisations

registered with MRTPC and BIS shall also be eligible for registration

with TRAI

(ii)

The organisations should be non-profit and non -political.

(iii)

The organisations should have a minimum three-years of experience in

the areas of representing views of consumers.

Rules Governing Registration:

All the organisations interested in getting themselves registered with

TRAI, should submit their application along with Registration Form,

which is enclosed at Annexure 'A'

ii)

TRAI will complete the registration process within 45 days of receipt of a

complete Registration Form along with all the enclosures indicated in

the Registration Form.

•

—

]

111)

The Organisations, which are found suitable for registration with TRAI,

will be sent a written communication bearing Registration Number

allocated uniquely to them,

iv)

The Registration Number will have to be quoted by the registered

organisation in every correspondence with TRAI.

The registered organisation will provide audited annual report to TRAI

on yearly basis

vi)

The registration will be valid initially for a period of two years,

vn)

The renewal of registration, beyond a period of two years, could be

considered by TRAI on a specific request made by the already

registered organisation, wherein the Organisation will have to provide

additional information, if required by TRAI

viii)

The Organisations, which are at present registered with TRAI will have

to apply afresh for registration as per the procedure stipulated above,

ix)

In the event of the TRAI observing any conduct on the part of consumer

organisation, unbecoming of such an organisation, the TRAI will have

the right to cancel the registration after advising the reason, and that the

TRAI's decision in this regard will be final

Interaction with TRAI

All consumer organisations /NGOs may interact with TRAI. Specific

facilities mentioned below will, however, be available only to consumer

organisations / NGOs registered with TRAI

The registered organisations shall be informed to attend open house

discussions held by TRAI on various issues

iii)

An open regular two way communication channel will be maintained

with the consumer organisations and NGOs registered with the

Authority, with the objective of sharing additional data/ information and

discussions over and above what is shared through other channels

iv)

In addition to the open house discussions held in various parts of the

country, TRAI shall hold half yearly meetings with registered consumer

organisations to increase interaction for better understanding of the

problems of consumers across the country. These meetings may be

organised in different parts of country for better participation

TRAI, in the form of consultation paper, shall also highlight the

international practices of various consumer related issues for the benefit

of consumers through these consumer organisations/NGOs

vi)

All the Consumer Organizations/ NGOs will interact with a Nodal Officer

in TRAI for the purpose of registration and consumer related issues

Senior Research Officer (Administration & Legal) Sh. Mathew

Palamattam, present incumbent, is appointed as Nodal officer who shall

interact with consumer organisations/NGOs on sustained basis

Mode of Data sharing:

TRAI shall continue to share information through various consultation

papers, through website, e-mail and letters.

>i)

The consumer organizations/ NGOs shall also submit the data available

with them regarding the customer perception about the telecom

services being provided by various service providers and information on

other issues, which may be used for the benefit of the consumers.

in)

The information about any survey, opinion poll conducted by any

consumer organizations/NGOs shall be shared with TRAI either free of

cost or through a reasonably priced document.

SECTION III

Review

(i) The Authority may, from time to time, review and modify

guidelines for Registration of Consumer Organizations/NGOs and

their Interaction with TRAI, 2001.

/ :•-'-'//' • t~z>

THE GAZETTE OF INDIA EXTRAORDINARY

[PARi III—SEC. 41

(ii) The Authority, on reference from any affected party, and for good

and sufficient reasons, may review and modify this regulation.

SECTION IV

Explanatory Memorandum

This regulation contains at Annexure 'B¹, an Explanatory

Memorandum detailing the need for this regulation and the process

adopted by the Authority.

SECTION V

Interpretation

In case of disputes regarding interpretation of any of the provisions

of this Regulation, the decision of the Authority shall be final and

binding

RAJENDRA SINGH, Advisor (MN)

[Advt.-III/IV/Exty./l 42/2000]

ANNEXURE 'A'

REGISTRATION FORM

Format for Application for registration of NGO/Consumer Organization with TRAI

Name and address of Organisation

Telephone No

Fax/Email

Details of registration (Attach a copy of registration

certificate)

Whether Constitution/Memorandum of Association and

Rules and Regulations for the organization have been

framed, if yes, a copy to be enclosed

Name, address and profession of the present office

bearers and members of the Governing Council showing

the position held in the organization

Whether

any

office

bearer

having

any

commercial/business relationship or position in any

corporate/business house, and if so, indicate the name

and address of the organizations and nature of

relationship / position/share etc

Details

members

i e

patron,

life, individual,

institutional members

Details of Infrastructure

Premises

Own /Rental

Manpower

Full/part Time (Paid/Voluntary)

Network

Local Regional

Resource Persons Available (Y/N)

Organizational Activities

Specific Area of Activity (Please tick as applicable)

Handling issues related to Telecom Consumers

Handling consumer complaints

Research projects/surveys

Consumer Education/Training

Consumer Lobbying/Advocacy

Legal Advice service

Consumer Litigation

Comparative product Testing

Regular press columns

Consumer Representations

Publishing consumer letters

Consumer magazines

Yes / No

THE GAZETTE OF INDIA EXTRAORDINARY

[PARTHI—Sr. U

12.

m Any other activity(Please specify)

(PLEASE FURNISH DETAILS)

Source Of Funds

(Last three years)

a) Individual donations/ contributions/ membership fee

b) State Government

c) Central Govt

d) Funding Agencies

Indian

Foreign

(Regn.Certificate copy)

e) From Business sources

f) Others

(Please attach copy of Last audited Statement of final

accounts)

Whether any publication/survey work has been done in

the areas of telecom, if so attach a copy of the report.

Whether any response to the TRAI Consultation Papers

has been made during the last two years and if so,

attach a copy/copies thereof.

Whether you have capability of networking to conduct

survey / study on All India basis (Give details)

Furnish Activity report of the Organization in the last

three years

This is to certify that above information has been furnished to the best of our

knowledge We will abide by the decision of TRAI on this application

If any of the above information is found to be incorrect any point of time, TRAI

will be justified in revoking the registration

Signature of Authorized

Office Bearer of applicant

ANNEXURE 'B'

EXPLANATORY MENORANDUM

Telecom Regulatory Authority of India (Amendment) Act, 2000, in addition to other

functions, under Section 11(1) (b) (v) , 11(2) and 11(1) (b) (ix) provides for the

functions related to monitoring of quality of telecommunication service, setting of

tariffs for telecommunication service provided by the service providers and ensuring

effective compliance of universal service obligations respectively.

In order to discharge these functions, the Authority follows a consultative and

transparent approach by conducting open house sessions involving service

providers, Consumer Organisations, NGOs etc. Among various stakeholders of

telecommunications services, consumers are the largest in number. Agencies such

as Consumer Organisations and NGOs provide a major linkage/ interface with the

Authority for efficient discharge of its functions.

TRAI recognized the need to register Non- Government Organisations (NGOs)

and Consumer Organisations in the telecommunication sector and accordingly, a

format was prescribed by the Authority for eliciting information pertaining to the

registration. A public notice was issued in March 1998 for information of all concerned

to get them registered with TRAI. In response to the above notice, 9 Consumer

Organisations and 3 NGOs applied for registration. As on date 12 Consumer

Organisations and 4 NGOs are registered with TRAI.

The. Authority felt that a more concerted effort was required to give effect to its

links with the consumer Organisations/ NGOs

Accordingly a Consultation Paper titled Registration for NGOs and Consumer

Organisations and their interaction with TRAI was released on 24-10-2000 with the

following objectives-

THE GAZETTE OF INDIA: EXTRAORDINARY

[PART III—SEC. 41

(i)

Registration of consumer organizations/ NGOs with TRAI; and

(ii)

To determine the mode of interaction and data sharing with TRAI

by Consumer Organizations/ NGOs,

An Open House for discussions was held in Delhi on 31.10.2000. The written

comments submitted by various organizations and comments received in Open

House Discussions have been analyzed. The Authority has, also taken account of a

Registration Form that was provided by Consumer Organization working together on

that form. Analysis of these comments reflect the following view points on various

major issues thrown open for public consultation in TRAI consultation paper.

Registration

Majority of the opinion was that there is a need for registration of

Consumer Organisations/NGOs with TRAI.

ii)

The criteria for registration suggested in TRAI Consultation paper was

considered adequate, some additional points regarding registration

under MRTP Act, Bureau of Indian Standards were suggested. It also

came out during discussions that Consumer Organizations should be

non-profit and non-political. The minimum of three years of standing in

the expertise in the areas of representing views of consumers were also

suggested, for incorporation in registration criteria.

Ill)

The Consumer Organizations volunteered that they will devise a format

for registration from and that can be taken as a basis for initiating a

registration process

Interaction with TRAI

The general opinion expressed during Open House discussions and in

written comments is that all the Consumer Organizations/NGOs should

be eligible for interaction with TRAI. They also expressed their desire

that TRAI should periodically have a separate meeting with various

registered Consumer Organizations/NGOs for a better understanding of

consumer problems.

These meetings were proposed to be held in

different parts of the country so that the local and regional organizations

can also express their views to TRAI.

In such meetings the basis for

tariff setting and all other such issues, which has direct bearing on

consumers, may also be discussed. There was a request that TRAI

should appoint a Nodal Officer who shall interact with Consumer

Organizations/ NGOs on sustained basis.

Mode of Data Sharing

Most of the Organizations felt that TRAI may continue to share the information

and data with them through various Consultation Papers, Web based information,

through

e-mail

and

letters

The

periodical

meetings

with

Consumer

Organization/NGOs , as proposed above, will further strengthen the mode of data

sharing.

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